77-34-6 - Jurisdiction and duties of authorized persons of sending and receiving states.
77-34-6. Jurisdiction and duties of authorized persons of sending and receivingstates.
(1) As provided for by the laws, rules, and regulations of the sending state, the furlougheewill at all times be subject to the jurisdiction of the appropriate officials and authorized persons ofthe sending state who shall retain the powers over the furloughee that they would normallyexercise over the inmate were he on intrastate furlough.
(2) The authorized person of a sending state may at all times enter a receiving state andthere apprehend and retake any person on furlough. For that purpose no formalities will berequired other than establishing the authority of that person and the identity of the furloughee tobe retaken. All legal requirements to obtain extradition of fugitives from justice are herebyexpressly waived on the part of the states party hereto as to such persons. The decision of thesending state to retake a person on furlough shall be conclusive upon and not reviewable withinthe receiving state; provided, however, that if at the time when a state seeks to retake a furlougheethere should be pending against him within the receiving state any criminal charge or should he besuspected of having committed within that state a criminal offense, he shall not be retaken withoutthe consent of the receiving state until discharged from prosecution or from imprisonment for theoffense.
(3) The authorized person of the sending state or the receiving state acting as agent for thesending state will be permitted to transport inmates being retaken through any or all states party tothis compact without interference.
(4) The governor of each state may designate an officer who, acting jointly with likeofficers of other party states, if and when appointed, shall promulgate such rules and regulationsas may be deemed necessary to more effectively carry out the terms of this compact.
(5) Appropriate officials and authorized persons of the receiving state shall act solely asagents of the sending state with respect to jurisdiction over and liability for the furloughees. Thejurisdiction and liability of the sending and receiving states may be subject to further contractualspecifications by the sending and receiving states as may be deemed necessary.
(6) The receiving state shall, upon a furlough violation of which it has knowledge,promptly notify the sending state. The notification should specify the nature of the violation and,if a crime has been committed, shall, whenever possible, give the official and furloughee's versionof the act. If the grant of furlough is terminated due to the violation, the right and responsibility toretake the furloughee shall be that of the sending state but nothing contained herein shall preventthe receiving state from assisting the sending state toward retaking and returning the furlougheeexcept in instances where the receiving state shall subject the furloughee to confinement for acrime allegedly committed during the furlough within its boundaries. All costs in connectiontherewith shall be chargeable to the sending state unless costs arise from an escape fromconfinement in the receiving state.
(7) In the case of an escape to a jurisdiction other than the sending or receiving state, theright and responsibility to retake the escapee shall be that of the sending state, but nothingcontained herein shall be construed to prevent or affect the activities of officers and agencies ofany jurisdiction directed toward the apprehension and return of an escapee, except in instanceswhere the receiving state shall subject the furloughee to confinement for a crime allegedlycommitted during furlough within its boundaries.
(8) The receiving state shall make all necessary arrangements to secure overnight lodgingin a state, county, or municipal facility for escorted furloughees or, in exceptional circumstances,
for unescorted furloughees when they would not have the availability of overnight lodging.
Enacted by Chapter 15, 1980 General Session